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Charter Commission APPROVED January 17, 2008 ^130 The Commission discussed the two options outlined in the legal memorandum prepared by 131 Attorney Karen Marty. There was discussion of Minn. Stat. Sec. 410.12, Subd. 5, specifically in 132 relation to whether a special election is required for the charter amendment process. Chair Duffy 133 pointed out that Attorney Karen Marty has indicated the charter amendment process could be 134 legally defended with or without the special election. 135 136 MOTION by Commissioner Dahl, seconded by Commissioner Storberg, that the Charter 137 Commission send a letter to the City Council as stated on page 2, paragraphs 3 and 4 of the 138 January 11, 2008 legal memorandum prepared by Attorney Karen Marty, with the letter edited as 139 the Commission determines. 140 141 It was noted that if a special election is held the process would likely be rushed, resulting in the 142 citizens not receiving enough information. It was also noted that the charter amendment process 143 is now in the City Council's hands. 144 145 Commissioner Dahl withdrew the motion on the floor. Commissioner Storberg withdrew the 146 second to the motion on the floor. 147 148 B. COMMUNICATION PLAN 149 150 Chair Duffy reviewed the process the Commission followed at the November 29, 2007 Charter 151 Commission meeting with the determination of the substitute charter amendment to be submitted �t52 to the City Council. She stated Commissioner Bening at that time had presented five sections of 153 the proposed amendment that he did not agree with, and he had submitted his own language. The 154 Commission was not interested in pursuing Commissioner Bening's version of changes for 155 Section 8.05 through Section 8.09. She stated since that time Commissioner Bening decided to 156 take it upon himself and present his version of the amendments at the City Council meeting on 157 Monday. 158 159 Commissioner Bening stated the amendment he presented to the City Council includes the 160 following changes from what he had been presented to the Charter Commission: 161 162 Section 8.09, Subd. 1. Petition: The number of valid signatures on the petition must exceed 34)% 163 19%..." 164 Section 8.06. Public Hearing: Language referring to certified mail is now included in one 165 sentence. 166 167 Chair Duffy requested Commissioner Bening to explain his rationale behind going to the City 168 Council with his proposed amendment. She expressed concern that what he has done undermines 169 everything the Charter Commission has done for the last year to get some change that is 170 workable and agreeable to the City. 171 ✓'y 4